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2016 DIGILAW 179 (RAJ)

State of Rajasthan v. Narayan Ram

2016-01-30

GOPAL KRISHAN VYAS, P.K.LOHRA

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JUDGMENT : Gopal Krishan Vyas, J. The instant Criminal Leave to Appeal is filed by the State of Rajasthan under Section 378(iii) and (i) Cr.P.C. against Judgment dated 6.8.2014 passed by Additional Sessions Judge No. 4, Bikaner in Sessions Case No. 33/2014 whereby the learned Trial Court has acquitted the accused-respondent for offence under Section 302 I.P.C. 2. Learned Public Prosecutor submits that the findings given by the learned Trial Court are erroneous because although most of the witnesses have turned hostile, the learned Trial Court did not consider the testimony of the Investigating Officer and acquitted the respondents with giving erroneous findings. Therefore, the judgment impugned deserves to be quashed. 3. As per facts of the case, the complainant Nenu Ram submitted a written, report (Ex. P-l) on 7.5.2014 at 9.40 A.M. at Police Station Bajju in which it is alleged that his daughter, Santosh married with Natayan Ram about 17 years back and yesterday on 6.5.2010, an information was received in between 10.00 p.m. to 11.00 P.M. that respondent gave beating to his daughter and forcibly gave pesticides to her and thus she died. It is also stated in the written statement that accused Narayan Ram took some pesticides and he became unconscious upon the said written report, an F.I.R. bearing No. 101/2014 was registered under Section 302 I.P.C. at Police Station Bajju and thereafter investigation was commended. 4. After completion of investigation police filed challan against the respondent for offence under Section 302 I.P.C. and the Court concerned thereafter the case was transferred to the Court Additional Sessions Judge No. 4 Bikaner, where trial took place. 5. The learned Trial Court gave finding that the prosecution in order to prove its case produced number of witnesses and out of which most of the witnesses have turned hostile and even the author of the F.I.R has also turned hostile and did not support the prosecution case therefore, acquitted the respondent from the offence levelled against him under Section 302 I.P.C. 6. We have perused the findings give by the learned Trial Court in Para 18 of the judgment and considered the fact that all the independent witnesses namely Om Prakash (PW-3), Kanaram (PW-4), Om Prakash (PW-5), Balwantram (PW-6) and Narayanram (PW-7) turned hostile and did not support the prosecution case, and therefore we are of the opinion that it is not a fit case to grant leave. Consequently, Leave to Appeal is, hereby, dismissed.